THOMAS v. STATE

No. 59974.

621 S.W.2d 158 (1980)

Joseph THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

On Rehearing July 1, 1981.

Rehearing Denied September 23, 1981.


Attorney(s) appearing for the Case

Lawrence B. Mitchell, Dallas, for appellant.

Henry Wade, Dist. Atty., John Tatum, Todd Meier, L. S. Eubanks, Jr., and Karen Chilton Beverly, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ROBERTS, ODOM and CLINTON, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for theft. Punishment, enhanced by allegation and proof of two prior convictions, was assessed at life.

In his fifth ground of error appellant contends it was error for the trial court to deny his motion to quash the indictment. The indictment alleged that appellant did:

"... knowingly and intentionally exercise control over property, other than real property, to-wit: four automobile...

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